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Poster: Ruth G Date: Jul 26, 2011 3:56pm
Forum: texts Subject: Text still in copyright

Not to be a spoilsport, but this is definitely still in copyright in the USA.

http://www.archive.org/details/underthirtyantho00harruoft

It has no copyright notice, but many wartime books were undated in the UK. The British Library indicates that it was published in 1939 in London.

Betjeman's entry states "Born London 1906, but this story was written three years ago. That is why I am in the running for Under Thirty." This confirms that this is definitely published well after 1922, and as it was published outside the USA, it is still protected by copyright.

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Poster: garthus Date: Jul 27, 2011 6:56pm
Forum: texts Subject: Re: Text still in copyright

England is fifty years after publication. It is in the Public Domain.

Gerry

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Poster: Ruth G Date: Jul 28, 2011 7:02am
Forum: texts Subject: Re: Text still in copyright

Do you have a source for your claim that "England is fifty years after publication"?

EDITED TO ADD: It now occurs to me that you may be thinking of sound recordings, which are completely different, of course.

The UK 1988 Copyright, Designs and Patents Act states the duration of copyright as

For literary, dramatic, musical or artistic works:

70 years from the end of the calendar year in which the last remaining author of the work dies.

If the author is unknown, copyright will last for 70 years from end of the calendar year in which the work was created, although if it is made available to the public during that time, (by publication, authorised performance, broadcast, exhibition, etc.), then the duration will be 70 years from the end of the year that the work was first made available.

The authors of this work are clearly known. John Betjeman died in 1984.

I cannot comprehend why you think this is in the Public Domain in the USA. For works published outside the USA between 1923 and 1977, and published without compliance with US formalities, the work would have to have been in the public domain in its source country as of 1 January 1996. It clearly isn't.

This post was modified by Ruth G on 2011-07-28 07:03:57

This post was modified by Ruth G on 2011-07-28 14:02:00

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Poster: stbalbach Date: Jul 28, 2011 7:20am
Forum: texts Subject: Re: Text still in copyright

It's being sold as a public domain reprint of a book "published before 1923":

http://www.amazon.com/Under-thirty-anthology-Michael-Harrison/dp/1171909691

This is clearly wrong, plus Worldcat says it was published in 1939:

http://www.worldcat.org/title/under-thirty-an-anthology/oclc/27193688

The author is listed as "Michael Harrison", but unclear who owns the copyright(s) since there are multiple contributors and no copyright notice(s).

It does appear to be copyright for USA purposes since all the authors are under age 30 in 1939 and thus probably won't meet the life+70 rule. My only thought is it was scanned by a Canadian library, so perhaps in Canada it's considered public domain?

Honestly this just looks like a simple case of a book without a date but otherwise looks old and the librarian (who scanned it) assumed it was pre-1923.



This post was modified by stbalbach on 2011-07-28 14:20:22

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Poster: garthus Date: Jul 29, 2011 9:49pm
Forum: texts Subject: Re: Text still in copyright

I think you are right, I meant Canada, since a Canadian library scanned it. I do not understand the concern. If they complain and have a valid claim, it will be moved. When the book was written under the copyright terms then, it would not be under copyright today. Just because the corporate interest paid off our politicians to change the law retroactively, does not make it right. If the estates of the author(s) really care, remove the book and it will go back to the obscurity that it then deserves.

Gerry

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Poster: PDGazette Date: Aug 20, 2011 4:47pm
Forum: texts Subject: Re: Text still in copyright

There is/was a similar book in the Prelinger text library with long quotes from works by Faulkner and other not-pd authors. Like the book in question, Under Thirty, it probably shouldn't be on here unless via the library card system thingie. At least one cannot record it as an audio file.

Oh, and word to the wise, never question Ruth G.'s authority on this subject. She knows whereof she speaks, in a LoVerly kinda way, believe me. :)

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Poster: jory2 Date: Aug 10, 2011 11:09am
Forum: texts Subject: Re: Text still in copyright

Hi Ruth,
Have you considered contacting the copyright owner?